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1.
What is the general attitude of business and the authorities to competition compliance?
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2.
Is there a government-approved standard for compliance programmes in your jurisdiction?
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3.
Is the compliance guidance generally applicable or do best practice and obligations depend on company size and the sector of the economy in which it operates?
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4.
If the company has a competition compliance programme in place, does it have any effect on sanctions?
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5.
How does a company demonstrate its commitment to competition compliance?
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6.
What are the key features of a compliance programme regarding risk identification?
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7.
What are the key features of a compliance programme regarding risk-assessment?
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8.
What are the key features of a compliance programme regarding risk-mitigation?
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9.
What are the key features of a compliance programme regarding review?
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10.
What types of arrangements should the company avoid entering into with its competitors?
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11.
What precautions can be taken to manage competition law risk when the company enters into an arrangement with a competitor?
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12.
What form must behaviour take to constitute a cartel?
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13.
Under what circumstances can cartels be exempted from sanctions?
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14.
Can the company exchange information with its competitors?
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15.
Is a leniency programme available to companies or individuals who participate in a cartel in your jurisdiction?
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16.
Can the company apply for leniency for itself and its individual officers and employees?
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17.
Can the company reserve a place in line before a formal leniency application is ready?
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18.
If the company blows the whistle on other cartels, can it get any benefit?
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19.
What types of vertical arrangements between the company and its suppliers or customers are subject to competition enforcement?
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20.
Would the regulatory authority consider the above vertical arrangements per se illegal? If not, how do they analyse and decide on these arrangements?
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21.
Under what circumstances can vertical arrangements be exempted from sanctions?
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22.
Which factors does your jurisdiction apply to determine if the company holds a dominant market position?
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23.
If the company holds a dominant market position, what forms of behaviour constitute abuse of market dominance? Describe any recent cases.
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24.
Under what circumstances can abusing market dominance be exempted from sanctions or excluded from enforcement?
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25.
Does the company need to obtain approval from the competition authority for mergers and acquisitions? Is it mandatory or voluntary to obtain approval before completion?
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26.
How long does it normally take to obtain approval?
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27.
If the company obtains approval, does it mean the authority has confirmed the terms in the documents will be considered compliant with competition law?
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28.
What are the consequences for failure to file, delay in filing and incomplete filing? Have there been any recent cases?
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29.
Under which circumstances would the company and officers or employees need separate legal representation? Do the authorities require separate legal representation during certain types of investigations?
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30.
For what types of infringement would the regulatory authority launch a dawn raid? Are there any specific procedural rules for dawn raids?
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31.
What are the company’s rights and obligations during a dawn raid?
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32.
Is there any mechanism to settle, or to make commitments to regulators, during an investigation?
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33.
What weight will the authorities place on companies implementing or amending a compliance programme in settlement negotiations?
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34.
Are corporate monitorships used in your jurisdiction?
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35.
Are agreed statements of facts in a settlement with the authorities automatically admissible as evidence in actions for private damages, including class-actions or representative claims?
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36.
Can the company or an individual invoke legal privilege or privilege against self-incrimination in an investigation?
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37.
What confidentiality protection is afforded to the company and/or individual involved in competition investigations?
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38.
What are the penalties for refusing to cooperate with the authorities in an investigation?
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39.
Is there a duty to notify the regulator of competition infringements?
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40.
What are the limitation periods for competition infringements?
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41.
Are there any other regulated anticompetitive practices not mentioned above? Provide details.
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42.
Are there any proposals for competition law reform in your jurisdiction? If yes, what effects will it have on the company’s compliance?
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Updates and trends
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Mori Hamada & Matsumoto (MHM) is one of the largest full-service Tokyo-headquartered international law firms. MHM has over 520 lawyers and 520 support staff (including patent attorneys, licensed tax accountants, judicial scriveners, legal assistants and translators).
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Marunouchi Park Building2-6-1 Marunouchi, Chiyoda-ku
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